TERMS & CONDITIONS
Read these terms and conditions ("Terms") carefully before using this site
This website, (the “Site”) is owned and managed by TK XPORT LLC (“TK XPORT” “we” “us”). The following Terms and Conditions apply when a User accesses and uses this Site.
1. You agree to be bound by these Terms and Conditions, all applicable laws and regulations. If you are using the site on behalf of a Company, you represent that you have the required authority to bind the Company to these Terms and Conditions. You also agree that you are responsible for compliance with any applicable local laws. Unless otherwise expressly agreed by the parties in writing, all orders and purchases made on this Site will also be governed by the present Terms and Conditions of Export Sale, and will be between you and TK XPORT. If you do not agree to any of these Terms, please do not use the Site.
2. This site provides you information about the various vehicles and products sold by TK XPORT. If the goods that you ordered are not available, we reserve the right to inform you and propose goods of a similar specification and quality, or different specifications. However, the same is informed to you when a Proforma invoice is created. You can contact us for confirmation before making payment. Based on the product shipped to you the prices indicated on our website may slightly differ.
3. The prices payable for the products that you order may be ascertained using our “Request a Quote” or email us at firstname.lastname@example.org. You can also get the details by calling the phone numbers provided on our site. If, by mistake, we under-price an item in the quote, we will not be liable to supply that item to you at the stated price, provided that we notify you before we dispatch the item concerned. All prices are in Euro or USD or AED and are expressed inclusive of export Duty but exclude any local taxes and customs fees that may be payable. The incoterm will always be mentioned on our offer (FAS, FOB, EXW, CIF, CFR, etc). All our sales are final and we do not accept any return for either credit or exchange.
4. We may decline to supply the products to you without giving any reason. For example, some of the products sold by us are prohibited for export to certain countries. By dispatching the product (and not before), a contract is established between you and us. If we decline to supply goods and payment has already been received, we shall credit your account with the payment received by us, within 30 days of declining your order. We shall not be obliged to offer you any additional compensation for disappointment suffered.
5. The reciprocal obligations between the purchaser and TK XPORT are governed by Inco-terms 2010. However, any specific disposition of the present conditions shall prevail over the Inco-terms 2010 in all cases.
6. The shipment and delivery will be made to the consignee address specified by you and preferably in one single shipment. In the case shipment is done in a fractionated manner, this shall be effectuated on the risk and onus of the purchaser. Our delivery deadlines are purely indicative and as exact as possible. All deliveries are by third party carriers. If you are not able to take delivery of the products, depending on the carrier used, your goods will either be stored at the depot nearest to your address until you can collect them or the carrier will attempt to redeliver the goods to your address. Any storage charges will be charged to you.
7. Any delays shall neither give right to damages nor to the cancellation of pending orders. Agreed delivery deadlines shall be extended in case of total or partial strike of our personnel, suppliers, sub-dealers, or any other cause considered as force majeure as well as any other cause which are not under our direct and personal control. TK XPORT shall not be liable for loss or damage occasioned by delay in delivery arising out of any cause beyond our control, even when the insurance is subscribed by TK XPORT in favour of the purchaser, neither in case of a possible insurance allowance. The purchaser shall effectuate all formalities in order to obtain reparation from insurers.
8. Once the goods are delivered to you, you have 48 hours to inspect the goods. If you do not inspect the goods within 48 hours and the goods are damaged, or we shipped you the wrong product, etc, you will not be eligible for replacement. Wrong product does not include supplying a product with different color or same model with different specifications or looks different from the one displayed on our website, etc. If according to the chosen Inco-term, TK XPORT does not have to conclude the transport contract, the purchaser shall examine the goods or have them examined before the transport. If the chosen Inco-term implies that TK XPORT has to conclude the transport contract, the examination of the goods can be done after its arrival at destination.
9. All payments shall be made in the same currency as that of our invoices. Unless otherwise specifically agreed by the parties in writing and notwithstanding any dispute, all our invoices have to be paid promptly as agreed at the time of placing the order. The purchaser shall not have the right to claim any compensation and/or right of lien. Payment by means of irrevocable letter of credit confirmed by a reputed bank will be subject to our acceptance. Confirmation concerning the opening of the irrevocable letter of credit shall be issued by the bank within 10 days of placing the order. If the credit confirmation is not sent within this time, TK XPORT shall be authorized to consider the sale as cancelled, and shall compensate TK XPORT for the damages incurred by it, on the basis of minimal estimation of 25 % of the total amount of the order, exception made when the damage is proved to be higher than this percentage.
10. Invoices not paid within the time agreed upon article 7 shall automatically involve, as from the following day of their expiry and without formal notice, the obligation to pay post maturity interest calculated on the basis of the interest rate fixed in accordance with Article 77 of the “Commercial Code” (UAE Federal Law No. 18/1993) which shall be Twelve percent per annum (12% p.a.). The fact that post maturity interest is thus carried in account does not make it possible to the purchaser to delay his payment(s). Any payment not carried out within 15 days of the formal notice for payment shall be raised by an additional fixed indemnity of 15 % of the sums due with a minimum of 65 USD and a maximum of 12.500 USD. If in order to obtain the payment of our invoices or the payment of indemnity due to sale resolution, a legal procedure is to be initiated by TK XPORT, the purchaser shall also be held to pay all the recovery costs incurred in consequence of the delay of payment whose estimation shall not be lower than 15 % of the sums due.
11. In the event of non-payment, partial payment, delay of payment, declaration of bankruptcy, request of legal settlement, setting in liquidation, partial or total seizure of assets in the case of the purchaser, TK XPORT reserves the right to cancel or suspend any pending order and, whenever is possible, to take back delivered goods and/or goods in course of delivery.
12. Goods sold by TK XPORT shall be covered by the guarantees of their manufacturer, provided the purchaser complies with the conditions of sale and as applicable to the territorial jurisdiction.
13. The right of ownership over the sold good is only transferred to the purchaser after the full payment of the invoice.
14. The present Terms and Conditions of Export Sale shall be governed by and interpreted in accordance with United Arab Emirates law. All dispute arising out of or relating to this contract shall be resolved exclusively within courts located in Dubai – United Arab Emirates.
15. TK XPORT reserves the right to modify or remove any part of the Terms in its sole discretion at any time and without prior notice to you by updating this posting. Visitors to, and Customers of, the Site should visit this page periodically for changes. All changes are effective upon posting to this Site.
16. Except the payment to be made by the Purchaser, the parties shall be released from their respective obligations in the event of natural calamities, national emergency, war, prohibitive governmental regulation or any other cause beyond the reasonable control of the parties.
17. In the event that any provision of the Terms shall, in whole or in part, be determined to be invalid, unenforceable or void for any reason, such determination shall affect only the portion of such provision determined to be invalid, unenforceable or void, and shall not affect in any way the remainder of such provision or any other provision of the Terms. Should any portion of this terms and conditions be found invalid by a court of competent jurisdiction, the remaining provisions of terms and conditions hereof shall continue in full force and effect.
18. The failure of TK XPORT to exercise or enforce any right or provision of the Terms and conditions shall not constitute a waiver of such right or provision.
19. This Terms and conditions constitute the entire agreement between you and TK XPORT and govern your use of the Site, superseding any prior agreements between you and TK XPORT (including, but not limited to, any prior versions of the Terms and conditions).
20. If you require any clarification regarding these Terms, please submit your queries via an email to email@example.com.